Copyright Protection for Philippine Publications by Fe Angela M. Verzosa

Introduction Libraries share with users liability for any copyright publication. Donors expect to be protected from injury to rights they retain in the materials deposited or donated. However, librarians must serve the demands of research and scholarship. IT has made it harder to enforce Copyright Law.

Libraries share with users liability for any copyright publication.

Donors expect to be protected from injury to rights they retain in the materials deposited or donated.

However, librarians must serve the demands of research and scholarship.

IT has made it harder to enforce Copyright Law.

Outline What copyright problems are encountered in Philippine libraries and archives? What is protected by Phil Copyright Law? What reproduction rights do libraries and archives have under this law? How can libraries avoid copyright liability? What can Filipino librarians do to help in the enforcement of the law?

What copyright problems are encountered in Philippine libraries and archives?

What is protected by Phil Copyright Law?

What reproduction rights do libraries and archives have under this law?

How can libraries avoid copyright liability?

What can Filipino librarians do to help in the enforcement of the law?

Overview of copyright protection in the Philippines Under the Philippine Constitution Intellectual Property Code (RA 8293) of 1998 Berne Convention

Under the Philippine Constitution

Intellectual Property Code (RA 8293) of 1998

Berne Convention

Intellectual Piracy Intellectual theft has become a lucrative industry Pirates from other parts in Asia bring their business to the Philippines Software industry lost P1.4 B in revenues due to 51 % piracy rate , based on year 2000 figures Sound recording industry lost P 65M due to 33% piracy rate Entertainment software industry lost P 2B due to 98 % piracy rate

Intellectual theft has become a lucrative industry

Pirates from other parts in Asia bring their business to the Philippines

Software industry lost P1.4 B in revenues due to 51 % piracy rate , based on year 2000 figures

Sound recording industry lost P 65M due to 33% piracy rate

Entertainment software industry lost P 2B due to 98 % piracy rate

Copyright problems encountered Photocopying multiple copies of textbook to avoid purchase Photocopying an entire thesis without author’s permission Arranging with faculty multiple copying of materials for class use Requesting thru interlibrary loan photocopy of an entire book to accommodate user request

Photocopying multiple copies of textbook to avoid purchase

Photocopying an entire thesis without author’s permission

Arranging with faculty multiple copying of materials for class use

Requesting thru interlibrary loan photocopy of an entire book to accommodate user request

Other Copyright problems Allowing unsupervised copying Making extra copies of films/videos Supplying chapters or articles from journal for document delivery Buying pirated editions to economize

Allowing unsupervised copying

Making extra copies of films/videos

Supplying chapters or articles from journal for document delivery

Buying pirated editions to economize

What is Intellectual Property Code (RA No. 8293) ? Prescribes the law on – Copyright and Related rights Trademarks and Service Marks Geographic Indications Industrial Designs Patents Layout Designs of Integrated Circuits Protection of Undisclosed Information Establishes the Property Intellectual Office, providing for its powers and functions

Prescribes the law on –

Copyright and Related rights

Trademarks and Service Marks

Geographic Indications

Industrial Designs

Patents

Layout Designs of Integrated Circuits

Protection of Undisclosed Information

Establishes the Property Intellectual Office, providing for its powers and functions

Copyright Works are protected from the moment of creation. Not protected are ideas, procedure, system, method of operation, discovery, concept or mere data No copyright for government works (but prior approval from the gov’t agency is required for the exploitation of such work for profit)

Works are protected from the moment of creation.

Not protected are ideas, procedure, system, method of operation, discovery, concept or mere data

No copyright for government works (but prior approval from the gov’t agency is required for the exploitation of such work for profit)

Copyright protects creators of: Original work literary dramatic musical artistic other forms of expressions sound recordings audiovisual/cinematographic works sound/tv broadcasts pictorial illustrations and advertisements other scholarly or scientific works

Original work

literary

dramatic

musical

artistic

other forms of expressions

sound recordings

audiovisual/cinematographic works

sound/tv broadcasts

pictorial illustrations and advertisements

other scholarly or scientific works

Derivative (or new) works Dramatizations, translations, adaptations, abridgements, arrangement, and other alterations of literary or artistic works Collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents

Dramatizations, translations, adaptations, abridgements, arrangement, and other alterations of literary or artistic works

Collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents

New Works Protected Computer programs Multimedia Databases Software protected as a literary work

Computer programs

Multimedia

Databases

Software protected as a literary work

Exclusive rights of creators of: literary, dramatic, & musical works reproduce publish if unpublished perform in public/ or display in public broadcast include in cable program make an adaptation/ dramatization / translation Right to first sale Rental right

literary, dramatic, & musical works

reproduce

publish if unpublished

perform in public/ or display in public

broadcast

include in cable program

make an adaptation/ dramatization / translation

Right to first sale

Rental right

Exclusive rights of creators of : (cont) artistic works reproduce include in a TV broadcast display in public include in a cable program right to first sale

artistic works

reproduce

include in a TV broadcast

display in public

include in a cable program

right to first sale

Right to make commercial rental arrangements applies to : computer programs sound recordings cinematographic works

applies to :

computer programs

sound recordings

cinematographic works

Infringement under E-Commerce Act Piracy or the unauthorized copying, Reproduction, dissemination, distribution Importation, use Removal, alteration, substitution, modification Storage, uploading, downloading Communicating, making available to the public, or broadcasting of protected material, electronic signature, or copyrighted works thru the use of telecommunication network (INTERNET)

Piracy or the unauthorized copying,

Reproduction, dissemination, distribution

Importation, use

Removal, alteration, substitution, modification

Storage, uploading, downloading

Communicating, making available to the public, or broadcasting

Copyright Ownership Generally owned by author/creator : literary works artistic works if work is not part of regular duties of employment audiovisual works letters

Generally owned by author/creator :

literary works

artistic works

if work is not part of regular duties of employment

audiovisual works

letters

Except: works created as part of regular duties commissioned photos engravings, drawings paintings, etc anonymous works pseudonymous works Copyright Ownership

Except:

works created as part of regular duties

commissioned photos

engravings, drawings

paintings, etc

anonymous works

pseudonymous works

Copyright Duration Life time plus 50 years after death literary works and unpublished works works of joint authorship (from death of last surviving author)

Life time plus 50 years after death

literary works and unpublished works

works of joint authorship (from death of last surviving author)

Copyright Duration 50 years from the date of publication/making anonymous/pseudonymous works photographic and audiovisual works sound recordings and performances

50 years from the date of publication/making

anonymous/pseudonymous works

photographic and audiovisual works

sound recordings and performances

First Offense: imprisonment of 1 to 3 years and fine of P 50,000 to P 150,000 Second Offense: imprisonment of 3 to 6 years and fine of P 150,000 to P 300,000 Third Offense: imprisonment of 6 to 9 years and fine of P500,000 to P1.5 M Penalties

First Offense: imprisonment of 1 to 3 years and fine of P 50,000 to P 150,000

Second Offense: imprisonment of 3 to 6 years and fine of P 150,000 to P 300,000

Third Offense: imprisonment of 6 to 9 years and fine of P500,000 to P1.5 M

What the Law may allow under certain conditions - Recitation or performance of a work Quoting from a published work Reproducing and communicating to the public any literary, scientific or artistic work Inclusion of a work in a publication Recording of a work by an educational institution Use of government-controlled works Public display of original or copy of a work Use of any work for legal purposes

Recitation or performance of a work

Quoting from a published work

Reproducing and communicating to the public any literary, scientific or artistic work

Inclusion of a work in a publication

Recording of a work by an educational institution

Use of government-controlled works

Public display of original or copy of a work

Use of any work for legal purposes

provided copies are not for commercial advantage solely for purposes of research and private study Library retains right to reproduce -

provided copies are not for commercial advantage

solely for purposes of research and private study

Original works whose fragility/rarity justifies their not being lent out ; Articles contained in composite works or brief portions of other published works, for reason of expediency, for purposes of research and private study, instead of lending the entire volumes containing them; For preservation or replacement of lost, stolen, destroyed, unusable copy, provided, they are out of stock. Library has right to reproduce -

Original works whose fragility/rarity justifies their not being lent out ;

Articles contained in composite works or brief portions of other published works, for reason of expediency, for purposes of research and private study, instead of lending the entire volumes containing them;

For preservation or replacement of lost, stolen, destroyed, unusable copy, provided, they are out of stock.

out of print, out of stock, rare for preservation For security (as in back-up copy for computer programs) Fair use for purposes of scholarship, research and private study, criticism and review, news reporting, classroom teaching and similar purposes (provided it is not for an entire book or a substantial part of it) General defenses against Copyright

out of print, out of stock, rare

for preservation

For security (as in back-up copy for computer programs)

Fair use for purposes of scholarship, research and private study, criticism and review, news reporting, classroom teaching and similar purposes (provided it is not for an entire book or a substantial part of it)

Factors in determining what is “fair use” purpose and character of the use nature of the copyrighted work amount and substantiality of the portion used in relation to the work as a whole effect of the use upon the potential market for or value of the work

purpose and character of the use

nature of the copyrighted work

amount and substantiality of the portion used in relation to the work as a whole

effect of the use upon the potential market for or value of the work

Acceptable conditions for classroom copying single copy (not an entire book, or database, or computer program) for teaching / research multiple copies provided copy is brief, and for one course provided such copy is not repeated by the same faculty for the same material from term to term provided such copying is done at the instance of the individual faculty and not by a higher authority provided only the actual photocopying cost is charged to the student

single copy (not an entire book, or database, or computer program) for teaching / research

multiple copies

provided copy is brief, and for one course

provided such copy is not repeated by the same faculty for the same material from term to term

provided such copying is done at the instance of the individual faculty and not by a higher authority

provided only the actual photocopying cost is charged to the student

Copyrighted Publications 1992-1998

Copyrighted Publications 1998-2002

How can Libraries/Archives avoid copyright liability Post a warning sign on every location of unsupervised copying machines re copyright restrictions Include in published rules that the library reserves the right to refuse to accept a copying request Remind users that copying the books lent out may exceed fair use privileges in violation of copyright

Post a warning sign on every location of unsupervised copying machines re copyright restrictions

Include in published rules that the library reserves the right to refuse to accept a copying request

Remind users that copying the books lent out may exceed fair use privileges in violation of copyright

Library policies implementing Copyright Law Include photocopying guidelines in Library Guide and library orientation program Avoid library arrangement for systematic reproduction of multiple copies for users Include policy of requesting author’s / publishers permission to photocopy his/her textbook Prohibit copying of copyrighted materials not allowed by fair use, license agreement, or permission of copyright owner Include in student/faculty handbook rules that place liability for willful infringement on student/faculty violators Keep records regarding requests for permissions, responses to requests, and license agreements

Include photocopying guidelines in Library Guide and library orientation program

Avoid library arrangement for systematic reproduction of multiple copies for users

Include policy of requesting author’s / publishers permission to photocopy his/her textbook

Prohibit copying of copyrighted materials not allowed by fair use, license agreement, or permission of copyright owner

Include in student/faculty handbook rules that place liability for willful infringement on student/faculty violators

Keep records regarding requests for permissions, responses to requests, and license agreements

OTHER Library policies… Document delivery policy Interlibrary loan policy Photocopying/digitizing Preservation Copies Policy on Non-book materials Reproduction Guidelines for Fair Use of Copyrighted Materials Guidelines for Fair Use of Unpublished Materials Guidelines for Use of Films and Video Guidelines on Photographic Services

Document delivery policy

Interlibrary loan policy

Photocopying/digitizing Preservation Copies

Policy on Non-book materials Reproduction

Guidelines for Fair Use of Copyrighted Materials

Guidelines for Fair Use of Unpublished Materials

Guidelines for Use of Films and Video

Guidelines on Photographic Services

Promoting Copyright Law enforcement… By discussing copyright problems encountered in the workplace during meetings with staff By discussing copyright policies during Student/Faculty Orientation By encouraging librarians and staff to attend seminars on Copyright Law By strict implementation of library policies related to copyright protection By reporting violations to proper authorities

By discussing copyright problems encountered in the workplace during meetings with staff

By discussing copyright policies during Student/Faculty Orientation

By encouraging librarians and staff to attend seminars on Copyright Law

By strict implementation of library policies related to copyright protection

By reporting violations to proper authorities

NEW DEVELOPMENTS Proposed bill to provide for the protection of Community Intellectual Rights of Indigenous Peoples HB 3182 amending Copyright Law

Amendments proposed by HB 3182 to respond to intellectual piracy Recommends more stringent penalties for rights-violators, particularly in the Internet, and immediate judicial relief and alternate legal options for victims

Amendments proposed by HB 3182 to respond to intellectual piracy Provides similar rights accorded to authors to – performers phonogram producers broadcasters by acknowledging their right to control or be compensated for the various ways in which their works are used or enjoyed by others.

Provides similar rights accorded to authors to –

performers

phonogram producers

broadcasters

by acknowledging their right to control or be compensated for the various ways in which their works are used or enjoyed by others.

Amendments proposed by HB 3182 to respond to intellectual piracy rights-holders may use technology to protect their own rights and to license their own works online

Impact of Amendments under HB 3182 Extends copyright protection to 70 years after death Extension up to 95 years for anonymous or pseudonymous works, and audiovisual works

Good day to all!